Rabindra Bhola vs Sarata Chandra Sahu And Another
2023 Latest Caselaw 2335 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.10 of 2010

            Rabindra Bhola                             ....          Appellant
                                                   Mr. P.K. Mishra, Advocate
                                     -versus-
            Sarata Chandra Sahu and another       ....       Respondents
                             Mr. N.B. Das, Advocate for Respondent No.2

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                       ORDER

22.03.2023 Order No.

11. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellant-

claimant as well as Mr. N.B. Das, learned counsel for the Respondent No.2-Insurance Company.

2. Present appeal by the Appellant-claimant is directed against the judgment dated 23.10.2009 of learned 4th MACT, Aska Circuit, Dist.-Ganjam in M.A.C. No.5 of 2003, wherein the learned Tribunal has granted compensation to the tune of Rs.12,000/- along with interest @7% per annum to the claimant from the date of filing of the claim application, i.e.27.1.2003 on account of injury sustained by him in the motor vehicular accident dated 24.4.2002.

3. Undisputedly, the nature of injury is fracture of left leg which resulted in 30% permanent disability. Further, the period of treatment as indoor patient is 21 days. Considering all such

factors and loss of future income of the injured as a street vendor, a further consolidated sum of Rs.2,00,000/- is determined by this Court. Mr. P.K. Mishra, learned counsel for the claimant- Appellant agrees to the same. The compensation amount is accordingly fixed to that extent.

4. In the result, the appeal is disposed of with a direction to the Respondent No.2-Insurance Company to deposit further consolidated sum of Rs.2,00,000/- (rupees two lakhs) before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant-Appellant on such terms and proportion to be fixed by the learned Tribunal.

5. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik